4 - freehold and AP

Question 1

Conditional Fee - subsequent

Answer 1

subject to a clause that if a particular condition is met in the future, the estate may be forfeited
eg to my daughter provided she never marries

Question 2

conditional fee - precedent

Answer 2

will only commence when a certain even has occurred

eg turning 21

Question 3

determinable fee

Answer 3

terminated automatically on occurrence of a specified event
eg until, during, as long as
only in equity
to my son until such a time as the land is needed for development

Question 4

AP - eviction of true owner

Answer 4

Rains v Buxton

Question 5

AP - permission/lease/licence is replaced by non-consensual occupation

Answer 5

Pye v Graham

Question 6

AP requires factual possession by AP and an intention on part of the AP

Answer 6

Confirmed in Pye v Graham

Question 7

Factual possession by the AP - demonstrate a sufficient degree of physical control over the land in question. Evidence that the AP has been able to deal with the land as an occupying owner is expected to deal with it

Answer 7

Powell v McFarlane

Question 8

D’s grazing license had expired and he continued to farm the land over 12 years during which the D accessed through padlock which the PO did not have access to. D showed factual possession

Answer 8

Pye v Graham

Question 9

Possession of land over which the PO intended to build a bypass - the AP knew this and intended to possess until such action was taken. this does not prevent AP

Answer 9

Buckinghamshire v Moran

Question 10

Requisite intention to take possession - acts required may indicate the existence of a requisite intent to use the land in such a way the owner is excluded

Answer 10

Pye v Graham

Question 11

Intention to possess - not the intention to own

Answer 11

Lord Hoffmann in Buckinghamshire